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Antisocial Behaviour etc. (Scotland) Act 2004

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8Notification of making etc. of orders and interim ordersS

This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)an antisocial behaviour order is made or varied; or

(b)an interim order is made.

(2)The clerk of the court by which the order is made or varied shall cause a copy of the order as so made or varied to be—

(a)served on the person subject to the order; and

(b)given to the relevant authority on whose application the order was made.

(3)Subsection (4) applies where—

(a)an antisocial behaviour order is revoked; or

(b)an interim order is recalled.

(4)The clerk of the court by which the order is revoked or recalled shall notify—

(a)the person subject to the order; and

(b)the relevant authority on whose application the order was made,

of the revocation or recall.

(5)For the purposes of subsection (2)(a), a copy is served if—

(a)given to the person subject to the order; or

(b)sent to that person by registered post or the recorded delivery service.

(6)For the purposes of subsection (4)(a), the person subject to the order is notified if notification is sent to the person by registered post or the recorded delivery service.

(7)A certificate of posting of a letter sent under subsection (5)(b) or (6) issued by the postal operator concerned shall be sufficient evidence of the sending of the letter on the day specified in such certificate.

(8)In subsection (7), “postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

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